UNFAIR DISMISSAL OF EMPLOYEES BY EMPLOYERS IN NIGERIA AS AGAINST THE INTERNATIONAL LABOUR ORGANISATION STANDARDS

ABSTRACT

The circumstances under which an employee works as well as the security of his employment is directly proportional to his output which in turn affects the socioeconomic development of the nation wherein the employee performs his work. Unfair dismissal is one of the problems of great concerns by employees in developing countries such as Nigeria and the International Labour Organisation sets a standard which an employer wishing to terminate employment of an employee must comply with. Even though the nature of international law under which the standards of the International labour organisation falls make the application of these standards dependent on the state’s municipal laws of member states of the International Labour Organisation, the provision of the Constitution of the Federal Republic of Nigeria 1999 as amended, subjects these standards to the Legislative Acts of the federal law makers, thereby limiting its effect. Against this background, the researcher employs the doctrinal approach in examining Nigeria laws and practice as it concerns determination of contract of employment in line with the International Labour Organisation standards on unfair dismissal. With the help of local and foreign statutes coupled with related case law, the findings of the research were such that dismissal and termination incidence in Nigeria amounts to unfair dismissal when tested against ILO standards on unfair dismissal. The research therefore recommends that Nigeria needs to adopt ILO standards on unfair dismissal with necessary amendments and the removal of every legal and institutional impediment that hinder the application of ILO Convention on unfair dismissal should be removed by the concerted efforts of the three arms of Government of Nigeria.